• Login
    View Item 
    •   NWU-IR Home
    • North-West University Journals
    • PER: Potchefstroom Electronic Law Journal
    • PER: 2012 Volume 15 No 5
    • View Item
    •   NWU-IR Home
    • North-West University Journals
    • PER: Potchefstroom Electronic Law Journal
    • PER: 2012 Volume 15 No 5
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Vox populi? Vox humbug! - Rising tension between the South African executive and judiciary considered in historical context - part two

    Thumbnail
    View/Open
    PER_15(5)_Hulme&Peté2.pdf (324.1Kb)
    Date
    2012
    Author
    Hulme, D
    Peté, S
    Metadata
    Show full item record
    Abstract
    Part One of this article traced rising tensions between the South African executive and the judiciary on the question of the separation of powers. This situation was then contrasted and compared with a clash which took place in the 17th century between King James I of England and Chief Justice Edward Coke. In Part Two of this article attention is focused on two specific cases which arose out of the clash between James and Coke - Prohibitions Del Roy and The Case of Proclamations. The article then turns to a discussion of the lessons which can be drawn from these cases. The arguments which were raised in the cases are contrasted and compared with more contemporary arguments advanced in the context of the present conflict between the South African executive and the judiciary. The views of Ronald Dworkin comparing 'majoritarian' and 'constitutional' conceptions of democracy are examined in the context of this debate. Tentative conclusions are then drawn and warnings issued of the negative consequences for South Africa if the potential conflict between the executive and the judiciary is not properly resolved.
    URI
    http://hdl.handle.net/10394/8012
    Collections
    • PER: 2012 Volume 15 No 5 [20]

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV
     

     

    Browse

    All of NWU-IR Communities & CollectionsBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis TypeThis CollectionBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis Type

    My Account

    LoginRegister

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV